Minnesota Attorney General Keith Ellison filed an amicus brief backing Somali recipients in African Communities Together v. Mullin, an appeal challenging the end of TPS for Somali immigrants. The filing asks an appeals court to reverse a lower court’s refusal to grant emergency relief.
The Department of Homeland Security ended Somalia’s designation effective August 14, 2026, following a Supreme Court decision in a related case. USCIS now says work permits issued under that designation are no longer valid. Employers must reverify workers who presented them.
The agency’s current guidance says employers cannot continue employing anyone who fails to provide proof of current work authorization. The appeal seeks to block the termination while the case proceeds.
The coalition says Somali families and state systems could face harm
A coalition of state attorneys general joined Ellison’s filing. Its brief says at least 53,000 Somali immigrants live in the United States, including at least 37,500 in Minnesota.
The coalition argues that ending the designation could hurt state economies, residents, schools and public health and safety. It says people losing legal status could avoid seeking medical treatment for their U.S. citizen children, creating risks for public health systems.
Parents with TPS could face a choice among returning to Somalia alone, leaving children behind in the United States, or remaining without authorization and the ability to work legally, the attorneys general argue. Those are projected consequences in the coalition’s filing, not findings by the court.
Ellison said the termination would harm communities in Minnesota and elsewhere. He also led the first filing in the case in April 2026.
“The Trump Administration's insistence on terminating Temporary Protected Status for Somali nationals isn't only cruel, it's harmful to communities across Minnesota and in every state where Somalis live, work, grow the economy, pay taxes, and give back,” Ellison said. “I led this coalition of attorneys general supporting the plaintiffs who want to block the revocation of TPS for Somalis because we recognize the contributions of our Somali neighbors that strengthen our states and our people and do not want our states to be harmed if the revocation is allowed to stand.”
The brief supports the plaintiffs’ request for emergency relief. It is not itself a court order.
A planned March termination was stayed before TPS ended in August
The United States first designated Somalia for TPS in 1991. Acting Attorney General William Barr cited “extraordinary and temporary conditions” arising from civil war that had resulted in hundreds of thousands of deaths. The designation remained in place amid ongoing violence.
In November 2025, President Trump posted on social media that he would terminate TPS for Somalis in Minnesota. Homeland Security Secretary Kristi Noem announced the termination of Somalia’s designation on January 13, 2026, setting March 17, 2026, as the effective date.
A Federal Register notice dated January 14 set the deadline at 11:59 p.m. local time on March 17. It said Somali nationals, and stateless people whose last habitual residence was Somalia, would no longer have TPS under the designation after that time. The notice was titled Termination of the Designation of Somalia for Temporary Protected Status, 91 Fed. Reg. 1547 (Jan. 14, 2026), CIS No. 2848-26, DHS Docket No. USCIS-2013-0006, RIN 1615-ZB77.
Noem said Somalia no longer met the statutory standard. She also argued that allowing Somali nationals to remain temporarily in the United States ran counter to national interests.
“Temporary means temporary. Country conditions in Somalia have improved to the point that it no longer meets the law's requirement for Temporary Protected Status,” Noem said. “Further, allowing Somali nationals to remain temporarily in the United States is contrary to our national interests. We are putting Americans first.”
On March 13, 2026, the U.S. District Court for the District of Massachusetts stayed the termination in African Communities Together et al. v. Noem et al., No. 26-cv-11201 (D. Mass.). That order extended certain employment authorization documents for Form I-9 and E-Verify purposes. Employers were told to enter March 31, 2026, as the expiration date for permits with original expiration dates of March 17, 2023, Sept. 17, 2024, and March 17, 2026.
The Supreme Court issued its decision in Mullin v. Doe, 609 U.S. ____ (2026), on June 25, 2026. USCIS describes it as “a favorable decision in a similar case concerning TPS terminations.” DHS then revoked TPS for Somali immigrants effective August 14, 2026.
Current USCIS guidance says the old work permits are invalid
USCIS guidance, which supersedes an August 12, 2026 message, says Forms I-766 with category A12 or C19 issued to Somali TPS beneficiaries “are no longer valid.” Employers must reverify beneficiaries who presented those permits. They cannot continue employing anyone who does not provide proof of current employment authorization, according to the USCIS guidance.
The January notice also directed Somali nationals without another legal status allowing them to remain in the United States to report their departure through the CBP Home mobile app. DHS described the option as including a complimentary plane ticket, a $1,000 exit bonus and the opportunity for potential future legal immigration.
The plaintiffs continue to ask the appeals court to reverse the lower court’s denial of emergency relief. The USCIS TPS page lists Somalia’s designation as terminated effective August 14, 2026.
This article provides general information and is not legal advice. Consult a qualified immigration attorney about your specific case.
